A mediator we know touches the back of his chair mindfully and pauses for a long moment before sitting down and beginning each session. This form of mini-prayer serves as a reminder that the negotiations about to commence are sacred; to acknowledge that he is about to embark on the intimate work of facilitating a confidential negotiation. Indeed, in all mediations, each party brings to the sessions a universal yet unique set of emotions, hopes and challenges.
Mediators work within the micro-world of the parties before them, helping to craft individualized resolutions to each idiosyncratic case. All the while, the mediator works to bring in aspects of the outside world, such as the law, the tax code and other financial factors, and child development research, in order to help illuminate the reality of the particular family. It is with this background that we regard studies of the varying ways in which people negotiate. This methodology of conflict resolution ideally provides a safe space for reflection and decision-making that resonates with each unique fact pattern, often diverging in matters large and small from a strictly court-driven result. That is, generalities are anathema to mediation.
